[Protest of Sole-Source Army Procurement]

A firm protested the Army's sole-source procurement of helicopter pilots' night vision goggles which were to be delivered within 60 days. The protester contended that: (1) it was qualified to compete for the contract; and (2) it could incorporate another supplier's lens into the standard goggle and, with a few minor adjustments, meet the government's needs, and no further research, development, or testing would be necessary. Alternatively, the protester argued that the solicitation requirements were overly restrictive and that the minimum needs of the government could be met by the standard goggle already produced by several manufacturers. The record showed that, prior to the sole-source determination, the Army had tested the three night vision systems available and found that the proposed awardee's goggles best satisfied the government's minimum requirements. The Army stated that the urgency of the procurement did not permit sufficient time for other manufacturers to upgrade their goggles to meet performance needs and to permit adequate testing before procurement. GAO held that the Army's decision to conduct the procurement on a sole-source basis was reasonable, because the Army had not tested the modified product offered by the protester and could not be reasonably sure that it would meet requirements or that it could be delivered within time constraints. GAO noted that agencies may specify items with superior performance characteristics allowing for as much effectiveness and safety as possible, especially items critical for human survival. Accordingly, the protest was denied.